LS0887: Arun and Smitha are good friends since a long time. Smitha is in need of a house loan with a bank and Arun has agreed to be a co-applicant cum guarantor to help Smitha secure the house loan. Smitha after taking possession of the Flat started defaulting payments of the house loan and absconded. In light of the above instance, you are called to advise the bank on the following queries

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Question: Arun and Smitha are good friends since a long time. Smitha is in need of a house loan with a bank and Arun has agreed to be a co-applicant cum guarantor to help Smitha secure the house loan. Smitha after taking possession of the Flat started defaulting payments of the house loan and absconded. In light of the above instance, you are called to advise the bank on the following queries:

a. What is the contract between Arun, Smitha and the bank termed as? Identify Arun, Smitha and the bank according to their roles in such contract?

b. Does the bank have any right against Arun? If yes please explain in detail? If, Arun voluntarily offers to pay the loan to the Bank, what are his rights? Please explain in detail?


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